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QUEENSLAND

CI'IY OF BRISBANE (FLOOD MITIGATION WORKS APPROVAL) ACT 1952-1974 [Reprinted as at 1 March, 1981]

The City of Brisbane (Flood Mitigation Works Approval) Act of 1952, 1 Eliz. 2 No. 29 As amended by City of Brisbane (Flood Mitigation Works Approval) Act Amendment Act 1974, No. 38

An Act to Authorise Brisbane City Council to Carry Out Works for the Mitigation of Flooding by Creeks within the Area of the City of Brisbane, and the Reclamation of Tidal Lands Adjacent to those Creeks; to Approve of Certain Works as aforesaid already Carried Out in respect of Breakfast Creek; and for other purposes. [Assented to 16 October 1952] Preamble. WHEREAS following the extensive flooding of Breakfast Creek, a tributary of the Brisbane River, and adjacent lands in the year one thousand nine hundred and thirty-one, a Con1mittee appointed by the Government of Queensland to inquire into the cause of such flooding and the possibility of taking steps to minimise a recurrence of the extensive flooding of such Creek and adjacent lands recommended a Flood Miti­ gation Scheme for the said Breakfast Creek: AND WHEREAS the said Flood Mitigation Scheme provided for the construction of a regulating dam on the said Breakfast Creek, the improv­ ing of the course of Breakfast Creek below such Dam embracing the deepening, widening, and straightening of the course of the said Breakfast Creek between its junction with the Brisbane River and the bridge known as Normanby Bridge, and the consequential reclamation of tidal lands comprised in the parts of the original course of the said Creek eliminated by such works: AND WHEREAS certain works were carried out for the said Flood Mitigation Scheme in deepening, widening, and straightening the course of the said Breakfast Creek, and reclaiming the tidal lands in the elimin­ ated parts of the original course of that Creek, by the Brisbane City Council and later by the Co-ordinater-General of Public Works, during the period commenced on the first day of March, one thousand nine hundred and thirty-two, and ended on the twenty-eighth day of February, one thousand nine hundred and forty-two: 2 ss.l, 2 CITY OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974

AND WHEREAS the Brisbane City Council has, subsequent to that period, carried out further works in reclaiming the said tidal lands: AND WHEREAS it is desirable to approve of the carrying out of all such works and to set all doubts at rest as to the powers of the Brisbane City Council and the Co-ordinator-General of Public Works in respect thereof and as to other matters consequent thereon or relating thereto: AND WHEREAS for the improvement of the City of Brisbane it is further desirable to make provision for authorising the carrying out of works for the mitigation of flooding by other creeks within the Area of the City of Brisbane and the reclamation of tidal lands adjacent to those creeks: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queens­ land in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as The City of Brisbane (Flood Mitigation Works Approval) Act of 1952. Collective title conferred by Act of 1974, No. 38, s. I (3). 2. Definitions. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Constructed works"-Any and every work within the meaning of the definition "works" in this section- (a) For any purpose of or connected with the Flood Mitigation Scheme for Breakfast Creek recommended by the Com­ mittee appointed by the Government of this State to inquire into the causes of. the extensive flooding of that creek and the lands adjacent thereto in the year one thousand nine hundred and thirty-one and the possibility of taking steps to minimise a recurrence of that extensive flooding; and (b) Carried out in respect of that creek by Brisbane City Council or by the Co-ordinator-General of Public Works during the period commenced on the first day of March, one thousand nine hundred and thirty-two, and ended on the twenty-eighth day of February, one thousand nine hundred and forty-two. In respect of Breakfast Creek, the term also includes any and every work within the meaning of the definition "works" in this section carried out by Brisbane City Council between the twenty-eighth day of February, one thousand nine hundred and forty-two and the passing of this Act or in the course of being carried out by Brisbane City Council at the passing of this Act. "creek" or "river"-Any watercourse within or contiguous to the Area of the City of Brisbane in which water flows permanently, intermittently or occasionally whether in a natural channel or a natural channel artificially improved or CITY OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974 s. 2 3

an artificial channel that has changed the course of a natural channel or otherwise and all parts of such a watercourse, whether or not subject to tidal influence: the term includes all land lying below high water mark on both banks of such a watercourse and the bed of such watercourse; "Marine Board" or "Board"-The Marine Board constituted under The Navigation Acts, 1876 to 1950. "Minister"-The Minister for Local Government and Electricity or other Minister of the Crown for the time being charged with the administration of this Act: the term includes any person temporarily performing the duties of the Minister; "watercourse"-Includes land on which rainwater or stormwater runoff concentrates, and land on or over which rainwater or stormwater runoff usually or occasionally flows in concentra­ tion in a defined channel, whether a natural channel or a natural channel artificially improved or an artificial channel that has changed the course of a natural channel or other­ wise; "Works"-Any and every work for any purpose of, or in con­ nection with, or in relation to-- (a) Straightening the course or any part or portion of the course of a river or creek; (b) Diverting the flow of waters in a river or creek from the natural channel, or any part or portion of the natural channel therefor to an artificial channel; (c) Deepening, or widening, or de~pening and widening the natural channel, or any part of the natural channel, of a river or creek; (d) Otherwise howsoever regulating, or controlling or regulating and controlling the flow of water and in particular of flood water in any river or creek; (e) The reclamation or improvement otherwise of land within the area of the City of Brisbane which is adjacent to a river or creek; (f) The reclamation or improvement otherwise of land com­ prising the bed and banks of any natural channel, or any part or portion of the natural channel of a river or creek from which the flow of water has been permanently diverted; and any and every other work whatsoever which being deemed by the Governor in Council necessary or desirable for the improve­ ment of the City of Brisbane is authorised by hill?- to be carried out in or in relation to a river or creek or on or in relation to land adjacent to a river or creek. As amended by Act of 1974, No. 38, 11. 2. 4 ss. 3-5 CITY OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974

3. Carrying out of certain works validated. It is hereby declared- (a) That Brisbane City Council always was empowered to carry out any and every constructed work carried out by that Council to the same extent as if the carrying out of that work had been a function of Local Government authorised to be carried out by that Council under The Local Government Acts, 1936 to 1951, and The City of Brisbane Acts, 1924 to 1951; and (b) That the Co-ordinator-General always was empowered and authorised to carry out any constructed work carried out by him to the same extent as if that work had been "works" within the meaning of The State Development and Public Works Organisation Acts, 1938 to 1951, authorised by the Governor in Council under those last-mentioned Acts to be carried out by the said Co-ordinator-General, and the power and authority of the said Council and Co-ordinator-General to carry out any and every constructed work carried out by it or him respectively, and any and every act, matter or thing done or executed or step taken bf it or him in, or for any purpose of or connected with, the carrying out of any constructed work carried out by it or him respectively is hereby validated, ratified, and confirmed. 4. Brisbane City Council empowered to maintain, etc., certain works. Brisbane City Council is, and it is hereby declared always was, hereby empowered to maintain, protect and renew any and every constructed works to the same extent as if the maintenance, protection and renewal of that work were a function of Local Government authorised to be carried out by that Council under The Local Government Acts, 1936 to 1951, and The City of Brisbane Acts, 1924 to 1951. 5. Carrying out of works by Brisbane City Council. ( 1 ) Upon application by Brisbane City Council, the Governor in Council may at any time and from time to time by Order in Council published in the Gazette approve of the carrying out by Brisbane City Council of any work within the meaning of the definition "works" in this Act. Every such approval may be subject to all such terms, provisions, conditions and stipu1ations as are fixed by the Goverqor in Council and set out in the Order in Council in question. Any such term, provision, condition, or stipulation may be revoked, amended, altered or otherwise modified by a further Order in Council or any term, provision, condition or stipulation to which such an approval is subject may be fixed by the Governor in Council by a separate or further Order in Council. (2) Every application made under this section­ ( a) shall be made to the ,Minister; and (b) shall contain or be accompanied by full and complete information with respect to the work to which the application relates; and CI1Y OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974 •• 5 5

(c) shall be referred to the Marine Board, Harbour Board or to the Commissioner of Irrigation and Water Supply in accord­ ance with subsection (2A). (2A) An application made under this section shall be referred as follows:- ( a) where it relates. to works to be performed in a part of a river or creek, which part is subject to tidal influence, the application shall be refen-ed- (i) to the Marine Board, which shall cause the matter of the application to be investigated and shall make a report and recommendation for submission by the Minister to the Governor in Council on the desirability of the works, having regard to the freeC!om of navigation in that part of the river or creek in question; and (ii) to the Harbour Board having jurisdiction over the part of the river or creek in question, which shall cause the matter of the application to be investigated and shall make a report and recommendation for submission by the Minister to the Governor in Council on the desirability of the works, having regard to the effect the carrying out of such works would have on the use of the Harbour in question; and (b) where it relates to works to be performed in a part of a river or creek, which part is not subject to tidal influence, the application shall be referred to the Commissioner of Irrigation and Water Supply, who shall cause the matter of the application to be investigated and shall make a report and recommendation for submission by the Minister to the Governor in Council on the desirability of the works, having regard to diversion of water (if any) from the river or creek in question. (2B) Upon the request of the Minister, Brisbane City Council shall furnish to him all such further or other information as he may require with respect to works to which an application made under this section relates. ( 3) Brisbane City Council may, subject to and in accordance with the approval (including any and every term, provision, condition, or stipulation set out in the Order in Council granting the approval or in a separate or further Order in Council) carry out any and every work within the meaning of the definition "works" in this Act, and may also do and execute any and every act, matter or thing and take any and every step necessary or convenient to be done, executed or taken for any purpose of, or connected with the carrying out of that work to the same extent as if the carrying out of that work, or the doing, executing, or taking of that act, matter, thing, or step, as the case may be, were a function of Local Government authorised by The Local Government Acts, 1936 to 1951, and The City of Brisbane Acts, 1924 to 1951. As amended by Act of 1974, No. 38, s. 3. 6 ss. SA, SB CITY OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974

SA. Minister's power to undertake works. ( 1 ) Where the Minister is satisfied that particular works in any river or creek are necessary and should be performed without undue delay and that Brisbane City Council- ( a) has failed to make an application under section 5 that relates to those works; or (b) has made such an application that is inadequate; or (c) having obtained the approval of the Governor in Council to the performance of those works has failed to perform those works, he shall cause notice to be given to Brisbane City Council calling on the council to show cause to him, within a period specified by him, why he should not proceed as prescribed by this section. (2) If cause is not duly shown to the satisfaction of the Minister pursuant to a notice given under subsection ( 1 )- (a) in a case where the approval of the Governor in Council has not been given to the performance of the works, the Minister shall refer the proposal to perform the works in question, in accordance with section 5 (2A), to the Marine Board, Harbour Board or, as the case may be, the Commis­ sioner of Irrigation and Water Supply for performance by it or him of the function prescribed by section 5 (2A); (b) in a case where the approval of the Governor in Council has been given to the performance of the works by Brisbane City Council, the Minister may cause the performance of the works to be undertaken and, if he does so, it shall be deemed that the authority conferred by such approval on Brisbane City Council was and is conferred on the Minister. (3) Upon receipt of the material reports and recommendations prescribed by section 5 (2A) the Minister may submit to the Governor in Council for his approval the proposal that the Minister perform the works in question and, if the approval is given, may perform the works accordingly. ( 4) For the purpose of performing works under this section the Minister shall have and may exercise, and shall be subject to the powers, authorities, protection, duties and responsibilities of Brisbane City Council conferred and imposed by this Act in respect of works approved by the Governor in Council to be performed by it. Inserted by Act of 1974, No. 38, s. 4.

SB. Costs of Minister undertaking works. ( 1 ) The costs of and incidental to the Minister's performance of works under section SA shall be payable by Brisbane City Council and, if those costs or any part thereof are not paid in accordance with the demand of the Minister, the same may be recovered as a debt due and owing to the Minister by the council by action in a court of competent jurisdiction. CITY OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974 ss. Sc, 6 7

( 2) Without prejudice to the rights conferred by subsection ( 1) in relation to the recovery of costs referred to therein- (a) the Treasurer shall have and may exercise in respect of such costs or any part thereof the rights and remedies conferred on him by the Local Government Act 1936-1973 with respect to the failure of a Local Authority to duly repay a loan as if Brisbane City Council were a Local Authority subject to that Act; (b) the Treasurer may direct that such costs or any part thereof be defrayed out of moneys borrowed by Brisbane City Council for flood mitigation works and may therein specify conditions to be met in the payment of iillch costs and the council and all other persons concerned shall obey and give effect to the Treasurer's direction. Inserted by Ac.t of 1974, No. 38, s. 4.

Sc. Contribution in aid of works. ( 1) Brisbane City Council may make with any Local Authority constituted under the Local Government Act 1936-1973 an arrangement whereby such authority undertakes to contribute in aid of the performance or maintenance by the council of works that are or will be to the benefit of such authority. (2) If the council and any such authority cannot agree on an arrangement under this section the Governor in Council may determine all matters respecting the proposed arrangement in dispute (including, if it is in dispute, the question as to whether the works in question are or will be to the benefit of the authority, or the extent of such benefit) and the arrangement shall be made in accordance with the determination of the Governor in Council. ( 3) If the council and any such authority fail to make an arrange­ ment in relation to which the Governor in Council has made a deter­ mination under subsection (2) the Governor in Council may proceed to determine all such further matters as he considers necessary or desirable to effect the arrangement and the council and the authority in question shall be deemed to have made the arrangement in terms of the determinations made by the Governor in Council and such arrangement shall be binding on both the council and the authority. ( 4) Any amount payable by a Local Authority pursuant to an arrangement that is binding upon it and not duly paid may be recovered by Brisbane City Council as a debt due and owing to it by. action in a court of competent jurisdiction. Inserted by Act of 1974, No. 38, s. 4.

6. Limit of actions in respect of works. ( 1 ) Save as provided under subsections two and three of this section no action, indictment, informa­ tion, or other proceeding shall be commenced, presented, prosecuted, or maintained against the Government of Queensland, the Board, Brisbane 8 s.6 CITY OF BRISBANE (FLOOD ETC.) Acr OF 1952-1974

City Council, the Co-ordinator-General of Public Works, any contractor with the said Council, or with the said Co-ordinator-General, or any other person whomsoever for or in respect of- (a) The carrying out, undertaking, maintenance, protection or renewal of any work within the meaning of the definition "works" in this Act; (b) The carrying out, undertaking, maintenance, protection or renewal at any time before the passing of this Act of any work within the meaning of the definition "constructed works" in this Act or the maintenance, protection or renewal at any time, whether before, on or after the passing of this Act of any work specified in this paragraph (b); (c) The doing, executing or taking of any act, matter, thing or step done, executed or taken for any purpose of or connected with the carrying out, undertaking, maintenance, protection or renewal of any work within the meaning of the definition "works" in this Act and whether, in the case of any work within the meaning of the definition "constructed works" in this Act, done, executed or taken before, on or after the passing of this Act; (d) Any alleged destruction or diminution of the navigation of any river or creek, or any part or portion of a river or creek, or any alleged deprivation of or interference with any riparian right, or right of access to any river or creek or any part or portion of a river or creek, or any other damage, loss or expense whatsoever occasioned or alleged to be occasioned, or in anywise whatsoever arising or alleged to have arisen from the carrying out, undertaking, maintenance, protection or renewal of any work within the meaning of the definition "works" in this Act or the doing, executing or taking of any act, matter, thing or step specified in paragraph (c) of this subsection and whether, in the case of any work within the meaning of the definition "constructed works" in this Act, any destruction, diminution, deprivation, interference, other damage, loss or expense whatsoever hereinbefore referred to in this paragraph (d) shall have been or shall be occasioned before, on or after the passing of this Act. (2) Subsection one of this section shall be read and shall apply so that- (a) In respect of the carrying out, undertaking, maintenance, pro­ tection and renewal of any and every work within the meaning of the definition "works" in this Act and the doing, executing or taking of any act, matter, thing or step done, executed or taken for any purpose of or connected with the carry­ ing out, undertaking, maintenance, protection or renewal of that work and whether, in the case of any work within the meaning of the definition "constructed works" in this section that work shall have been or shall be carried out, or that act, matter, thing or step shall have been or shall be done, CITY OF BRISBANE (FLOOD ETC.) ACI' OF 1952-1974 s. 7 9

executed or taken before, on or after the passing of this Act, Brisbane City Council shall have, and it is hereby declared always had, the immunities and shall be subject, and it is hereby declared always was subject, to the duties, obligations and liabilities conferred or imposed upon that Council as a Local Authority under The Local Government Acts, 1936 to 1951, and The City of Brisbane Acts, 1924 to 1951, to the same extent as if the carrying out, undertaking, main­ tenance, protection, renewal or any act, matter, thing or step done, executed or taken for any purpose of, or connected with the carrying out, undertaking, maintenance, protection or renewal of that work, as the case may be, were authorised by The Local Government Acts, 1936 to 1951, and The City of Brisbane Acts, 1924 to 1951; and (b) In respect of lands and easements over land which shall have been or shall be taken before, on or after the passing of this Act by Brisbane City Council or by the Co-ordinator-General of Public Works for or in respect of the carrying out, under­ taking, maintenance, protection and renewal of any work within the meaning of the definition "works" or the definition "constructed works" in this Act, no provision of the said subsection one shall limit, prejudice or otherwise affect any right, claim or remedy had by any person for compensation, in relation to Brisbane City Council, under The Public Works Land Resumption Acts, 1906 to 1951, or, in relation to the said Co-ordinator-General, under those lastmentioned Acts as modified by The State Development and Public Works Organisation Acts, 1938 to 1951. (3) Where waters flowing in any river or creek shall be diverted or, in the case of Breakfast Creek, shall have been diverted before the passing of this Act from the natural channel, or part or portion of the natural channel, therefor into an artificial channel by or by means of works or constructed works then neither Brisbane City Council nor, in respect of Breakfast Creek, the said Co-ordinator-General shall be, or ever have been, legally liable for damages, or for compensation or otherwise how­ ever for or in respect of any omission in relation to that artificial channel of which it or he shall be guilty or, in the case of Breakfast Creek, shall have been guilty before the passing of this Act unless Brisbane City Council or, as the case may be, the said Co-ordinator-General would be subject to the legal liability in question were it or he guilty of the omission concerned in relation to the natural channel or some part or portion of the natural channel of that river or creek. As amended by Act of 1974. No. 38, s. 5.

7. Reclaimed lands. ( 1) Notwithstanding any other Act, or law, or rule of law, this section shall apply to and with respect to all lands situated within the Area of the City of Brisbane and subject to tidal influence from any creek or comprising the natural channel of any creek, or any part or portion of the natural channel of a creek. 10 s. 8 CITY OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974

(2) Any land to which this section applies which shall have been or shall be reclaimed, whether before, on, or after the passing of this Act, by means of constructed works or works shall be and be deemed to be Crown land and, subject to this section, may be dealt with accordingly under the Land Act 1962-1974. (3) This section shall also apply to and with respect to land com­ prising any road, or any part or portion of a road.which shall have been closed or shall be closed, whether before, on or after the passing of this Act, for the purposes of any constructed works or works, and that land shall be and be deemed to be Crown land and, sub_iect to this section, may be dealt with accordingly under the Land Act 1962-1974. ( 4) The Governor in Council may, in the name of Her Majesty, grant in fee-simple or demise in perpetuity or for a term of years any land which, by virtue of this section, is Crown land or he may reserve any such land for public purposes, or grant it in trust to Brisbane City Council, or deal with it otherwise as he deems fit under the Land Act 1962-1974. (5) Section 208 of the Land Act 1962-1974, shall, subject to any necessary adaptations, apply and extend so that where any land which is Crown land by virtue of this section, lies between a creek, or any part or portion of a creek and any other land which was bounded by that creek or that part or portion of a creek prior to the carrying out or under­ taking of constructed works or works then under subject to and in accordance with the provisions of the said section 208 the Governor in Council may- (a) Sell and grant; or (b) Issue a Perpetual Town Lease, a Perpetual Suburban Lease, or a Perpetual Country Lease, without competition to the holder or holders of that other land. ( 6) This section shall be read and construed with the Land Act 1962-1974, and the provisions of those Acts shall apply to and with respect to grants and demises of lands in pursuance of this section, as if those grants or demises were in pursuance of the Land Act 1962-1974, excepting that- (i) To the extent to which any provision of the Land Act 1962- 1974, is inconsistent with an express provision of this section, it shall not so apply; and (ii) All coal, petroleum, helium, and minerals are hereby expressly declared to remain the property of the Crown. As amended by Act of 1974, No. 38, s. 6.

8. Titles to lands affected b)' works. When and so often as the carrying out, undertaking, maintenance, protection or renewal of works or constructed works or the opening or closing of any road for any purpose of or connected with the carrying out, undertaking, maintenance, protection or renewal of any works or constructed works, shall have affected or shall affect, whether before, on or after the passing of this Act, CITY OF BRISBANE (FLOOD ETC.) ACT OF 1952-1974 ss. 9-11 11 any land so that the description of that land comprised in the existing instrument of title under the Crown therefor has ceased to be a convenient description of that land or of so much thereof as the holder or holders thereof shall have remained or shall remain entitled to, then the holder or holders of that land may surrender to the Crown his or their subsisting instrument of title to that land and upon that surrender a like fresh instrument of title shall be issued to him or them comprising the land to which he or they remain entitled. 9. Council liable only in negligence for damage caused by works. Notwithstanding a provision of any Act or any rule of law Brisbane City Council shall not be liable, absolutely or vicariously, in damages for flooding or sending water upon any lands by reason of works performed by it under this Act, or for the escape of water from any such works unless it be shown that such flooding, sending of water or escape was due to or arose out of the negligence of the council or its officers, servants or agents in the construction, maintenance, control or management of the works in question or of the flow of water therein. Inserted by Act of 1974, No. 38, s. 7. 10. Authority to perionn works in other Area. Where any part of a river or creek is contiguous to the Area of the City of Brisbane and is within the Area of any other Local Authority the authority conferred under this Act by an approval of the Governor in Council on Brisbane City Council or on the Minister to perform works on or in that part of the river or creek includes authority to perform all necessary parts of those works on or in that part of the river or creek and on or in land adjacent to that part notwithstanding that that part of the river or creek or that land is within the Area of such other Local Authority and the performance of such necessary parts of those works and the doing of any act and the taking of any step incidental therein or in connexion therewith shall be taken to be a function of Local Government authorized by the City of Brisbane Act 1924-1973 and the Local Government Act 1936-1973. Inserted by Act -of 1974, No. 38, s. 8. 11. Application of Act to other Local Authority Areas. ( 1 ) The Governor in Council may, by Order in Council, declare that the provisions of this Act shall apply to and in respect of the Area of any Local Authority constituted under the Local Government Act 1936-1973 that is specified in the order whereupon the provisions of this Act (other than provisions pertaining to Breakfast Creek or to "constructed works") shall apply to and in respect of rivers and creeks within or contiguous to the Area of the Local Authority so specified until such order is revoked. (2) For the purpose of the application of this Act to and in respect of an Area of a Local Authority pursuant to an Order in Council made under subsection (1 )- (a) a reference to Brisbane City Council shall be read and construed as a reference to the Local Authority having jurisdiction within the Area to and in respect of which the Act is to be applied;- 12 s.ll CITY OF BRISBANE (FLOOD ETC) ACT OF 1952-1974 ~, (b) a reference to the Area of the City of Brisbane shall be read and construed as a reference to the Area to and in respect of which the Act is to be applied; (c) a reference to The City of Brisbane Acts, 1924 to 1951 or to the City of Brisbane Act 1924-1973 shall be disregarded; (d) the term "creek" or "river" means any watercourse within or contiguous to the Area to and in respect of which the Act is to be applied but otherwise shall have the meaning assigned to those terms by section 2 and the term "watercourse" shall have the meaning assigned to that term by that section; (e) a reference in section Sc to a Local Authority constituted under the Local Government Act 1936-1973 shall be taken to include Brisbane City Council. Inserted by Act of 1974, No. 38, s. 9. INDEX TO CITY OF BRISBANE (FLOOD MITIGATION WORKS APPROVAL) ACT 1952-1974

Page A Application of Act to other Local Authority areas s. II II Applications- to be made to Minister . . . . 5 (2) 4 to be referred to other departments or authorities 5 (2A) s to contain other Local Authority areas 5 (2) 4 Authority to perform works in other areas 10 .. II c Carrying out- of certain wor~ validated 3 4 of works by Council s (I). 4 Compensation .. 6 (2) (b) 8 Contribution in aid of works Sc 7 Costs of Minister undertaking works So 6 Council- empowered to maintain, etc., certain works . . . . 4 4 liable only in negligence for damage caused by works 9 II

D Definitions­ Board 2 2 constructed works 2 2 creek .. 2 2 Marine Board 2 2 Minister 2 2 river 2 2 watercourse 2 2 works 2 2 Determination of arrangements if Council and authorities unable Sc 7 to agree

L

Limit of actions in respect of works 6 7 Local Authorities to submit further information 2 2

M

Maintenance of works 4 4 Minister's power to undertake works SA 6

R Reclaimed lands 7 9 s Short title 2 14 INDEX

Page T Terms, provisions, conditions, etc., of works s. 4 4 Titles to lands affected by works 8 10 w Works, contiguous to other local authorities 10 11 Works, terms, provisions, conditions, etc. 4 4

18783

By Authority: S. A. Hampson, Government Printer, Queensland-•1982